(C)
"Contiguous
property" includes, but is not limited to, a manufactured home park as defined
in section 3733.01 of the Revised Code; a
public or publicly subsidized housing project; an apartment complex; a
condominium complex; a college or university; an office complex; a shopping
center; a hotel; an industrial park; and a race track.

(E)
"Gas gathering pipeline" means a
gathering line that is not regulated under the Natural Gas Pipeline Safety Act,
but includes a pipeline used to collect and transport raw natural gas or
transmission quality gas to the inlet of a gas processing plant, the inlet of a
distribution system, or to a transmission line.

(F)
"Gas gathering/processing plant pipeline
operator" means any person that owns, operates, manages, controls, or leases, a
gas gathering pipeline or a processing plant gas stub pipeline. A gas
gathering/processing plant pipeline operator is not an operator as defined in
paragraph (P) of this rule, but a person may be both an operator and a gas
gathering/processing plant pipeline operator.

(H)
"Gas processing plant" means a plant that
processes raw natural gas into merchantable products, including transmission
quality gas or natural gas liquids, and also may include a plant that treats
raw natural gas to remove impurities such as carbon dioxide, helium, nitrogen,
or water.

(I)
"Gathering line" and
"gathering of gas" have the same meaning as in the Natural Gas Pipeline Safety
Act.

(J)
"Horizontal well" means a
well that is drilled for the production of oil or gas in which the wellbore
reaches a horizontal or near horizontal position in the Point Pleasant, Utica,
or Marcellus formation and the well is stimulated.

(K)
"Incident" means an event that involves a
release of gas from an intrastate gas pipeline facility and results in any of
the following:

(3)
Unintentional
estimated gas loss of three million cubic feet or more.

(4)
Estimated property damage of fifty
thousand dollars or more, excluding the cost of gas lost, which is the sum of:

(a)
The estimated cost of repairing and/or
replacing the physical damage to the pipeline facility.

(b)
The cost of material, labor, and
equipment to repair the leak, including meter turn-off, meter turn-on, and
light up.

(c)
The estimated cost of
repairing and/or replacing other damaged property of the operator or others, or
both.

(L)
"Intrastate gas pipeline facility" includes any new and existing pipelines,
rights-of-way, and any equipment, facility, or building used in the
transportation of gas either wholly or partly within this state or from an
interstate gas pipeline in Ohio to a direct sales customer in Ohio buying gas
for its own consumption.

(M)
"MAOP"
means the maximum pressure at which a pipeline or segment of a pipeline may be
operated under the Natural Gas Pipeline Safety Act or under sections
4905.90 to
4905.96 of the Revised
Code.

(N)
"Master meter system"
means a pipeline system that distributes gas within a contiguous property for
which the system operator purchases gas for resale to consumers, including
tenants. Such pipeline system supplies consumers who purchase the gas directly
through a meter, or by paying rent, or by other means. The term includes a
master meter system as defined in
49 C.F.R.
191.3 , as effective on the date referenced in
paragraph (D) of rule
4901:1-16-02 of the
Administrative Code. The term excludes a pipeline within a manufactured home,
mobile home, or a building.

(O)
"Natural Gas Pipeline Safety Act" means the Natural Gas Pipeline Safety Act of
1968, 82 Stat. 720, 49 U.S.C.A. App. 1671 et. seq., as amended, and the rules
adopted by the United States department of transportation pursuant to the
Natural Gas Pipeline Safety Act of 1968, including 49 C.F.R. 40, 191, 192, and
199 as effective on the date referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code.

(1)
A gas company as defined by
division (A)(4) of section
4905.03 of the Revised
Code.

(2)
A natural gas company,
including a producer of gas which does business as a natural gas company
pursuant to division (A)(5) of section
4905.03 of the Revised
Code.

(3)
A pipeline company, when
engaged in the business of transporting gas by pipeline as defined by division
(A)(6) of section 4905.03 of the Revised
Code.

(4)
A public utility that is
excepted from the definition of "public utility" under division (B) or (C) of
section 4905.02 of the Revised Code,
when engaged in supplying or transporting gas by pipeline within this
state.

(5)
Any person who owns,
operates, manages, controls, leases, or maintains an intrastate gas pipeline
facility or who engages in the transportation of gas. This includes, but is not
limited to, a person who owns, operates, manages, controls, leases, or
maintains a master meter system within this state.

"Operator" does not include an ultimate consumer who owns a
service line on the real property of that ultimate consumer and does not
include a gas gathering/processing plant pipeline operator as defined in
paragraph (F) of this rule or any person that owns, operates, manages,
controls, or leases a gas gathering pipeline as defined in paragraph (E) of
this rule.

(R)
"Pipeline" means all
parts of those physical facilities through which gas moves in transportation,
including pipe, valves, and other appurtenance attached to pipe, compressor
units, metering stations, regulator stations, delivery stations, holders, and
fabricated assemblies.

(S)
"Pipeline safety code" means 49 C.F.R 40, 191, 192, and 199 as effective on the
date referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code; sections
4905.90 to
4905.96 of the Revised Code;
this chapter; and commission orders issued thereunder.

(T)
"Processing plant gas stub pipeline"
means a gas pipeline that transports transmission quality gas from the tailgate
of a gas processing plant to the inlet of an interstate or intrastate
transmission line and that is considered an extension of the gas processing
plant, is not for public use, and is not regulated under the Natural Gas
Pipeline Safety Act.

(U)
"Raw
natural gas" means hydrocarbons that are produced in a gaseous state from gas
wells and that generally include methane, ethane, propane, butanes, pentanes,
hexanes, heptanes, octanes, nonanes, and decanes, as well as other naturally
occurring impurities like water, carbon dioxide, hydrogen sulfide, nitrogen,
oxygen, and helium.

(W)
"Safety audit" is
defined as set forth in section
4905.90 of the Revised
Code.

(X)
"Safety inspection"
includes the following inspections, surveys, and testing of a master meter
system which are authorized by the pipeline safety code, and includes mapping,
if accurate maps are not available from the operator, and pipe locating, if the
operator could not locate pipelines in its system.

(2)
Sampling of
combustible gas to determine the proper concentration of odorant in
distribution pipelines, unless records of the natural gas company performing
the safety inspection show that the concentration of odorant in the gas
transported to or near the master meter system conforms with the pipeline
safety code.

(Y)
"Staff" means the commission employees to
whom responsibility has been delegated for enforcing and administering the gas
pipeline safety requirements contained in this chapter and the Revised
Code.

(Z)
"Synthetic Natural Gas"
means gas formed from feedstocks other than natural gas, including coal, oil,
or naptha.

(AA)
"Transportation of
gas" means the gathering, transmission, or distribution of gas by pipeline, or
the storage of gas within this state.

(1)
Investigate and
determine an operator's or a gas gathering/processing plant pipeline operator's
compliance with applicable sections of the pipeline safety code.

(2)
Investigate and determine whether
intrastate gas pipeline facilities are hazardous to human life or property, as
provided in 49 U.S.C.
60112 , as effective on the date referenced in
paragraph (D) of this rule.

(3)
Review settlement agreements and stipulations by the staff and operators or by
staff and gas gathering/processing plant pipeline operators.

(7)
Direct the
attorney general to seek enforcement of commission orders, including orders
assessing forfeitures, and to seek appropriate remedies in court to protect the
public safety.

(C)
All
operators and gas gathering/processing plant pipeline operators shall comply
with the applicable rules of this chapter.

(D)
Each citation contained with this chapter
that is made to a section of the United States code or a regulation in the code
of federal regulations is intended, and shall serve, to incorporate by
reference the particular version of the cited matter that was effective on
July
30. 2014.

(E)
The commission
may, upon an application or a motion filed by a party, waive any requirement of
this chapter, other than a requirement mandated by statute, for good cause
shown.

(A)
The
commission hereby adopts the gas pipeline safety regulations of the
United States department of transportation contained in 49
C.F.R. 40, 49 C.F.R. 191, 49 C.F.R. 192 and 49 C.F.R. 199 as effective on the
date referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code.

(B)
Telephone
notice and report requirements applicable to gathering lines, pursuant to
division (C) of section
4905.91 of the Revised
Code are set forth in rule
4901:1-16-05 of the
Administrative Code.

(A)
Each operator and gas
gathering/processing plant pipeline operator shall establish and maintain all
plans, records, reports, information, and maps necessary to ensure compliance
with applicable sections of the pipeline safety code, and keep suchplans,
records, reports, information, and maps in Ohio at the operator's head quarters
or appropriate company office(s) readily available for inspection, examination,
and copying by the commission, its staff, or its authorized
representative(s).

(B)
Each
operator and gas gathering/processing plant pipeline operator shall provide and
make available its plans, records, reports, information, and maps, as the
commission, its staff, or its authorized representative(s) may require to
administer and enforce the pipeline safety code.

(C)
Each operator and gas
gathering/processing plant pipeline operator shall permit the commission, its
staff, and authorized representative(s) to: enter and inspect its premises,
operations, and intrastate gas pipeline facilities; and inspect, examine, and
copy its plans, records, reports, information, and maps, which the commission,
its staff, or its authorized representative(s) may require to administer and
enforce the pipeline safety code.

(D)
Each operator and gas
gathering/processing plant pipeline operator shall make its premises,
operations, and intrastate gas pipeline facilities readily accessible to the
commission, its staff, and its authorized representative(s).

(E)
Except for an operator of a master meter
system, each operator shall establish and maintain maps of the operator's
service area which identify the operator's intrastate gas pipeline facilities,
excluding service lines as defined in
49 C.F.R.
192.3 as effective on the date referenced in
paragraph (D) of rule
4901:1-16-02 of the
Administrative Code.

(F)
Unless
otherwise provided by this chapter, each operator and gas gathering/processing
plant pipeline operator shall establish and retain records for three years to
show compliance with the requirements of 49 C.F.R. 192 as effective on the date
referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code.

(G)
Each
operator shall retain records of each leak survey, as required by
49 C.F.R.
192.723 as effective on the date referenced
in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code, for five years.

(H)
Each operator shall classify all
leaks utilizing leak detection equipment. As used in this rule,
leak detection equipment means any device capable of detecting and measuring
the concentration of natural gas in the atmosphere. The operator shall classify
all hazardous leaks immediately and classify all other leaks within two
business days of discovery. The operator shall
classify leaks utilizing the following:

(1)
A grade-one classification represents an
indication of leakage presenting an existing or probable hazard to persons or
property, and requires immediate repair or continuous action until the
conditions are no longer hazardous.

(2)
A grade-two classification represents an
indication of leakage recognized as being nonhazardous at the time of
detection, but requires scheduled repair based upon the severity and/or
location of the leak.

(3)
A
grade-three classification represents an indication of leakage recognized as
being nonhazardous at the time of detection and can be reasonably expected to
remain nonhazardous.

(I)
Upon discovery of the corresponding leak(s) from above, each opertor shall take
the following actions:

(1)
Take immediate and
continuous action on leaks classified as grade one to protect life and property
until the condition is no longer hazardous. Continuous action is defined as
having personnel at the scene of the leak with leak detection equipment
attempting to locate the source of the leak and taking action to prevent
migration into structures, sewers, etc. If the hazardous condition associated
with the leaks classified as grade one is eliminated, such as by venting,
temporary repair, etc., but the possibility of the hazardous condition
returning exists, the condition must be monitored as frequently as necessary,
but at least once every eight hours, to protect life and property until the
possibility of the hazardous condition returning no longer exists.

Leaks classified as grade one may be reclassified by performing
a physical action to the pipeline (clamp, replacement, tape wrap, etc.) or
pipeline facility. Reclassification must be in accordance with the criteria in
paragraph (H) of this rule and by an individual who is qualified to classify
leaks under the company's operator qualification plan. Venting, holes,
aerators, or soil purging of a leak are not considered physical actions to the
pipeline. If a leak is reclassified after performing a physical action, the
timeframe for any required repair(s) and/or reevaluation(s) at the resulting
classification will be calculated from the date the leak was reclassified. All
grade one leaks repaired or reclassified, other than by the replacement of the
affected section of pipe, must be reevaluated after allowing the soil to vent
and stabilize but not more than 30 calendar days after such physical
action.

(2)
Repair or clear
leaks classified as grade two no later than fifteen months from the date the
leak is discovered, unless the pipeline containing the leak is replaced within
twenty-four months from the date the leak is discovered. If a replacement
project that will clear a leak classified as grade two is cancelled after the
fifteenth month after classification of the leak(s), the associated leak(s)
must be cleared within forty-five days of the cancellation of the project, not
to exceed twenty-four months from the date of the leak classification. Leaks
classified as grade two shall be reevaluated at least once every six months
until cleared.

(3)
Reevaluate leaks
classified as grade three during the next scheduled survey or within fifteen
months from the date of the last inspection, whichever is sooner, and continue
to reevaluate such leaks on that same frequency until there is no longer any
indication of leakage, the leak is reclassified, or the pipeline is
replaced.

(1)
Operators shall provide telephone notice to the chief on all incidents, as
defined in rule
4901:1-16-01 of the
Administrative Code, within two hours of discovery. This includes any telephone
notice which is required to be made to the United States department of
transportation pursuant to 49 C.F.R. 40, 191, 192, and 199 as effective on the
date referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code. Telephone notice requires personal contact with the chief
or good faith efforts to make personal contact for all incidents. Operators
unable to make personal contact with the chief shall leave a message on the
commission's incident line, which is 1-614-466-7542.

(2)
Operators shall provide telephone notice
to the chief on all service failures, which involve an interruption of service
to one hundred or more customers for a period of two hours or more, within two
hours after discovery. Telephone notice requires personal contact with the
chief or good faith efforts to make personal contact for all qualifying service
failures. Operators unable to make personal contact with the chief shall leave
a message on the commission's incident line, which is 1-614-466-7542.

(1)
All
written reports required to be made to the United States department of
transportation pursuant to the regulations in 49 C.F.R. 40, 191, 192, and 199
as effective on the date referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code, shall be submitted concurrently to the chief.

(2)
Within thirty days after the service
failure is discovered, each operator shall submit a written report to the chief
on the service failure report form provided by the commission.

(3)
For each incident report and each service
failure report required by the pipeline safety code, each operator shall also
submit a final written report of the cause(s) of the incident or service
failure, where ascertainable, and actions taken to minimize the possibility of
a recurrence of such an incident or service failure, where appropriate. The
final report shall be submitted to the chief within sixty days after discovery
of the incident or service failure, unless the operator:

(b)
Submits interim reports
at intervals of not more than sixty days until a final report is
submitted.

(4)
Except
for an operator of a master meter system, each operator shall submit an annual
written report of incidents and service failures for the preceding calendar
year or state that no incidents or service failures occurred during the
preceding calendar year on the annual report form provided by the commission.
This annual report shall be submitted to the chief not later than March
fifteenth of each year.

(C)
Each natural gas company and pipeline
company shall register the location of all of its underground utility
facilities with a protection service that serves the area where the facilities
are located, as provided in division (A) of section
3781.26 of the Revised Code.
"Underground utility facilities" and "protection service" shall have the same
meaning as in section
3781.25 of the Revised
Code.

(1)
Each operator
and gas gathering/processing plant pipeline
operator shall submit a twenty-four hour contact report to the chief not
later than March fifteenth of each year. This written report shall contain:

(a)
The name(s), business address(es),
business telephone and fax number(s),

(2)
Each
operator and gas gathering/processing plant pipeline
operator shall, within a reasonable time, notify the chief in writing of
any change in emergency contact personnel name(s), business address, business
telephone, fax number, emergency hotline number, and/or e-mail address of its
emergency contact personnel.

(E)
To the extent necessary to carry out its
responsibilities under the pipeline safety code, the commission or its staff
may require testing of any intrastate gas pipeline facility which is involved
in an incident. After making a good faith effort to negotiate a mutually
acceptable plan with the owner of the pipeline facility, the commission or its
staff may require the operator or choose an independent laboratory to test such
pipeline facility.

(F)
Each
operator shall establish a program to identify, repair and replace, as
necessary, its cast iron distribution pipeline system which is detrimental to
the public safety. This program shall include, but not be limited to,
disturbing cast iron pipe, maintenance history, leak history, major street or
highway reconstruction or repaving, construction activity, depth of cover, soil
type, traffic loading, operating conditions, year of manufacture, type of pipe,
amount of graphitization, vibrations, impact forces, earth movement,
backfilling after undermining, and water leaks or sewer failures in the
area.

(G)
The forms required by
this rule shall be available at the commission's docketing division and
electronically on the commission's website at
http://www.puco.ohio.gov.

(A)
Each operator
shall submit reports for each important addition of its intrastate gas pipeline
facilities. As used in this rule, an "important addition" means construction or
alteration of an operator's intrastate gas pipeline facility in a single
project which involves an expenditure of either:

(2)
An amount
which is more than ten per cent of the value of the operator's intrastate gas
pipeline facility, provided such amount exceeds one hundred
thousand dollars.

As used in this rule, a "single project" means the
installation, construction, or alteration of a contiguous section of gas
pipeline facility within a defined time-frame.

(B)
Each operator shall submit three reports
for each important addition on the form provided by the commission. Each report
shall be submitted to the chief as follows:

(1)
The first report not later than
twenty-one days before construction work will start.

(2)
The second report not later than seven
days after construction work has started.

(3)
The third report not later than seven
days after construction work has been completed.

(C)
Except for an operator of a master meter
system, each operator shall submit a list of important additions completed
during the preceding calendar year or state it did not complete important
additions during the preceding calendar year on the annual report form provided
by the commission. This annual report shall be submitted to the chief not later
than March fifteenth of each year.

(D)
In accordance
with the training program requirements pursuant to the pipeline safety
regulations, subpart N 49
C.F.R. 192.801 to
192.809 , as effective on the date
referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code, distribution operators shall incorporate new construction,
including riser installation, as a part of their operator qualification
requirements.

(E)
The forms required by this rule shall be available
at the commission's docketing division and electronically on the commission's
website athttp://www.puco.ohio.gov.

(A)
Each operator of a master meter system
shall establish and maintain maps which identify its distribution pipeline
system.

(B)
Each operator of a
master meter system shall file an annual report on its system on the form
provided by the commission. This annual report shall be submitted to the chief
not later than March fifteenth of each year. The form required by this rule
shall be available at the commission's docketing division and electronically on
the commission's website at http://www.puco.ohio.gov.

(1)
Unless otherwise provided in this
paragraph, each operator of a master meter system shall conduct safety
inspections as required by the pipeline safety code.

(2)
The commission may direct or order a
natural gas company which distributes gas to a master meter system to perform a
safety inspection on that system when the public interest so requires, or when
an operator of a master meter system:

The staff shall notify such natural gas company by letter and
mail a copy of the notice to the operator of the master meter system. The
letter shall specify the inspections, surveys, and testing required for the
safety inspection of the master meter system.

(3)
Each operator of a master meter system
shall permit employees and agents of the natural gas company performing the
safety inspection to review the operator's maps and records.

(4)
Each natural gas company shall submit a
report of its findings of the safety inspection to the chief within thirty days
after the inspection.

(D)
A natural gas company may terminate
service to a master meter system or a gas pipeline facility within a master
meter system, in compliance with divisions (G) and (H)(1) of section
4905.94 of the Revised Code, for
the following unsafe conditions, gas leaks, and other safety hazards on that
system or gas pipeline facility within that system:

(B)
The staff shall make service upon an operator or gas
gathering/processing plant pipeline operator by certified United States
mail, courier service, or personal service. Service is effective upon receipt
by any employee, agent of, or person designated by the operator. Unless
otherwise provided in this paragraph, service upon an operator
or gas gathering/processing plant pipeline
operator shall be made at the address designated as the service address
in the operator's most recent annual report to the chief.

(1)
If the service address is not disclosed
on the most recent annual report or has changed since the most recent annual
report was submitted to the chief, service shall be made at any business
address disclosed in documents or papers submitted by the operator
or gas gathering/processing plant pipeline
operator to the commission.

(2)
If the operator or gas gathering/processing plant pipeline operator
has not disclosed its service address or business address to the commission,
service shall be made at any business address of the operator
or gas gathering/processing plant pipeline
operator.

(C)
If
service under paragraph (B) of this rule is returned with an endorsement
showing failure of delivery, or is not returned within twenty-one days, then
service may be made by ordinary United States mail and is effective on the date
of mailing.

(C)
The staff may issue an amended
notice of probable noncompliance, proposed compliance order, or proposed forfeiture at any time prior to the
commencement of a gas pipeline safety proceeding brought pursuant to rule
4901:1-16-12 of the
Administrative Code, in order to modify or include additional probable
noncompliances or violations, facts, proposed forfeitures and proposed
compliance orders. This rule should not be construed to prevent the staff, during the course of a gas
pipeline safety proceeding, from seeking a finding of violations not listed in
the notice or amended notice of probable noncompliance, from rescinding
or refraining from seeking a finding of violations, or from seeking a compliance order or proposed
forfeiture that varies from previous notices issued under this rule, provided
that the staff's proposed findings and/or violations relate to the same
incident, investigation, or safety audit(s).

(D)
Any notice of probable
noncompliance, proposed compliance order, proposed forfeiture, or amendments thereto shall be served pursuant to
rule 4901:1-16-08 of the
Administrative Code.

(E)
The staff
findings contained in the notice of probable noncompliance, proposed compliance
order, or proposed forfeiture represent the
results of the staff investigation. Such findings are not intended to represent
the views of the commission or otherwise bind the commission.

(A)
After an inspection or investigation, the
staff may issue a notice of hazardous facility. The notice may include a
proposed compliance order.

(B)
The
staff may issue an amended notice or proposed compliance order at any time
prior to the commencement of a gas pipeline
safety proceeding brought
pursuant to rule
4901:1-16-12 of the
Administrative Code in order to modify or include additional hazards, facts, and proposed compliance orders. This rule should not
be construed to prevent the staff, during the
course of a gas pipeline safetyproceeding, from seeking a finding of hazardous facility not
listed in the notice or amended notice, from rescinding or refraining from seeking a
finding of hazardous facilities, or from
seeking a compliance order that varies from previous notices issued under this
rule, provided that the staff's proposed findings and/or violations relate to
the same incident, investigation, or safety
audit(s).

(C)
Any notice of
hazardous facility, proposed compliance order, or
amendments thereto shall be served pursuant to rule
4901:1-16-08 of the
Administrative Code.

(D)
The staff
findings contained in the notice and proposed compliance order represent the
results of the staff investigation. Such findings are not intended to represent
the views of the commission or otherwise bind the commission.

(A)
If the staff and operator
or gas gathering/processing plant pipeline
operator reach agreement regarding any of the following: the occurrence
of a noncompliance; the occurrence of a hazardous condition of a facility; the
violation of a commission order; a compliance order or remedy; or the amount of
a forfeiture, compromise forfeiture, or other payment, the agreement may be
reduced to writing in a settlement agreement and/or stipulation. Such agreement
shall be signed by the operator or gas
gathering/processing plant pipeline operator, or its attorney, and an authorized representative of the staff.
Except as otherwise provided in paragraphs (B) and (E) of this rule, the
settlement agreement and/or stipulation shall not be effective until it is
filed with the commission and approved by the commission.

(B)
If the settlement agreement and/or
stipulation provides for the payment of a forfeiture, compromise forfeiture, or
other payment by the operator or gas
gathering/processing plant pipeline operator of one thousand dollars or
less, the agreement shall be fully binding upon the commission and the operator
or gas gathering/processing plant pipeline
operator upon its execution.

(C)
Unless contained in or otherwise provided
in a settlement agreement and/or stipulation, no statement or conduct during
settlement negotiations is admissible in any other commission proceeding
regarding the noncompliance, hazardous facility, or violation.

(D)
Where the operator
or gas gathering/processing plant pipeline
operator has demonstrated to the staff that the violation(s) listed in
the notice, or amended notice, of probable noncompliance or gas pipeline safety
investigative report has been corrected and where the operator
or gas gathering/processing plant pipeline
operator submits full payment of the proposed forfeiture prior to the
execution of a written settlement agreement and/or stipulation, or final
commission order, the violation(s) listed in such notice of probable
noncompliance shall be considered by the commission as part of the operator's
or gas gathering/processing plant pipeline
operator's history of violations in determining the appropriate
forfeiture for any future violation.

(E)
If the operator or gas gathering/processing plant pipeline operator
pays a proposed forfeiture or more than one thousand dollars without executing
a written settlement agreement and/or stipulation, the payment shall be fully
binding upon the commission and the operator or gas
gathering/processing plant pipeline operator when approved by the
commission.

(C)
Unless otherwise ordered by the
commission or an attorney examiner assigned to the gas pipeline safety
proceeding, the staff shall file with the commission and serve upon the
operator or gas gathering/processing plant pipeline
operator a written report of investigation in each gas pipeline safety
proceeding within ninety days after service of the entry which initiates the
gas pipeline safety proceeding. The gas pipeline safety investigative report
shall include: staff findings on any alleged incident, noncompliances,
hazardous conditions, or violation of a commission order, whether included in
any initial notice or amended notice; staff's findings on operator
or gas gathering/processing plant pipeline
operator policies and practices; and the staff's
recommendations.

(D)
The commission
shall hold an evidentiary hearing to consider the alleged incident(s),
noncompliances, hazardous conditions and violations of a commission order. The
hearing may include evidence on the issues of corrective action and compliance
orders, forfeitures, enforcement of a commission order, and other
remedies.

(E)
The staff shall prove
the occurrence of an incident, noncompliance, hazardous condition of a
facility, or violation of a commission order by a preponderance of the
evidence.

(F)
If, after a hearing,
the commission finds an operator or gas
gathering/processing plant pipeline operator has violated or is violating
an applicable provision of the pipeline safety
code, the commission may consider all factors set forth in section
4905.95 of the Revised Code,
including when determining the amount of any proposed civil forfeiture. In
addition, the commission may order an operator to terminate service to an
operator of a master meter system who has violated the pipeline safety
code.

(G)
This rule shall not apply
to emergency orders approved by the commission under paragraph (C) of rule
4901:1-16-13 of the
Administrative Code.

(A)
The
commission may initiate an emergency gas pipeline
safety proceeding consistent with
section 4905.95 of the Revised Code.

(B)
The commission shall conduct
such proceedings in accordance with Chapter 4901-1 of the Administrative Code,
except where inconsistent with this rule.

(C)
Prior to a hearing under this rule, the
commission may, without notice, find an emergency exists, may order the attorney
general to seek remedies as provided in section
4905.96 of the Revised Code, and
shall provide for an expedited hearing to begin no later than thirty days
thereafter.

The order shall remain in effect no longer than forty days
after the date it was approved.

(A)
All forfeitures
ordered by the commission or any payments made pursuant to stipulation shall be
paid by certified check or money order made payable to "Public Utilities
Commission of Ohio," and shall be mailed or delivered to:

"Public Utilities Commission of Ohio

180 East Broad Street

Columbus, Ohio 43215-3793"

(B)
The commission shall deposit such
payments in the state treasury to the credit of the general revenue
fund.

(C)
No operator
or gas gathering/processing plant pipeline
operator may recover any forfeiture or other payment made pursuant to
stipulation in any pending or subsequent proceeding before the
commission.

(A)
All gas gathering/processing plant pipeline operators
shall comply with the applicable pipe design requirements of 49 C.F.R. 192(C),
as effective on the date referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code, for all gas gathering pipelines and processing plant gas
stub pipelines that are completely constructed on or after the effective date
of Section 4905.911 , Revised Code, and that
transport gas produced by a horizontal well.

(B)
A gas
gathering/processing plant pipeline operator shall do all of the
following:

(1)
Design, install, construct, initially inspect, and initially test the pipeline
in accordance with the requirements of 49 C.F.R. 192, as effective on the date
referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code, if the pipeline is new, replaced, relocated, or otherwise
changed;

(2)
Control corrosion according to requirements of 49
C.F.R. 192(I), as effective on the date referenced in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code, if the pipeline is metallic;

(3)
Establish and
carry out a damage prevention program under
49 C.F.R.
192.614 , as effective on the date referenced
in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code;

(4)
Establish and carry out a public education program
under 49 C.F.R.
192.616 , as effective on the date referenced
in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code;

(5)
Establish the MAOP of the pipeline under
49 C.F.R.
192.619 , as effective on the date referenced
in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code;

(6)
Install and maintain pipeline markers according to the
requirements for transmission lines under
49 C.F.R.
192.707 , as effective on the date referenced
in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code;

(7)
Perform leakage surveys according to requirements in
49 C.F.R.
192.706 , as effective on the date referenced
in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code; and

(8)
Retain a record of each required leakage survey
conducted under paragraph (B)(7) of this rule and
49 C.F.R.
192.706 , as effective on the date referenced
in paragraph (D) of rule
4901:1-16-02 of the
Administrative Code, for five years or until the next leakage survey is
completed, whichever time period is longer.

(C)
Not later than
twenty-one days prior to commencement of construction of the pipeline, any
person who plans to construct a pipeline subject to paragraphs (A) and (B) of
this rule after the effective date of section
4905.911 , Revised Code, shall
submit to the pipeline safety division of the public utilities commission a
form approved by the division that includes all of the following
information:

(D)
Not later than
sixty days after the completion of construction of a pipeline subject to
paragraph (C) of this rule, the gas gathering/processing plant pipeline
operator shall submit to the public utilities commission division of pipeline
safety an explanation of the constructed pipeline's route and operating
information. Operating information shall be submitted to the pipeline safety
division of the public utilities commission on a form approved by the division
that includes all of the following information: